The Clearlake vice mayor explained that when allegations came to her attention of a possible Brown Act violation, she brought the matter to the attention of the city attorney who recommended giving it to the district attorney for investigation. The DA dropped the charges in July. -DB

Lake County Record-Bee
August 31, 2009
By Denise Rockenstein

CLEARLAKE, Calif. – Clearlake Vice Mayor Judy Thein addressed a public comment Thursday regarding a recent allegation pertaining to a possible violation of the Brown Act by another member of the Clearlake City Council.

Thein said the concern was brought to her by members of the public and as such she and another member of the council felt obligated to act on the matter.

The issue pertained to an allegation brought against Councilmember Roy Simons concerning a possible violation of the Brown Act. The charges were dropped by the Lake County District Attorney’s Office on July 20.

The complaint filed with the DA’s office alleged that Simons had intentionally released confidential information that was disclosed on March 17 in a closed session. The information allegedly pertained to the performance evaluation of City Administrator Dale Neiman.

Citizen Bill Shields questioned the council Thursday as to the cost of contacting the city’s attorney in regard to the matter and whether or not those member(s) of the council involved received permission to do so. Shield’s question was not entirely addressed; however, Mayor Thein provided the following comment:

“It was brought to our attention by members of the community that there were alleged violations of the Brown Act. In this case, personnel issues generating from closed session were discussed with members of the public. Anytime confidential personnel information is released without authority, the city can become liable for potential litigation.

“City council members are trustees for the city. Whether we agreed or disagreed, we were obligated to give this information to the city attorney who provided advice and direction. It was determined that this information should be presented to the proper authorities; in this case the District Attorney’s Office.

Once this information was given to the District Attorney’s Office, it was removed from the jurisdiction of the City of Clearlake and fell under the jurisdiction of the district attorney to conduct the investigation and course of action they deemed necessary.”

According Deputy DA Richard Hinchcliff there are different ways of violating the Brown Act, some of which carry criminal penalties and other that carry civil penalties. Civil penalties do not fall under the jurisdiction of the District Attorney’s Office.

“This case was followed by one of our deputies and I reviewed the case.

It turns out that what he was alleged to have done carries civil penalties not criminal,” Hinchcliff said. “Civil penalties could entail a civil injunction or a referral to the Grand Jury for investigation.”

Copyright © 2008 – Lake County Record-Bee Media News Group